A Montana man has filed a wrongful death lawsuit on behalf of his daughter, who was killed when the vehicle in which she was riding was rear ended by a commercial truck. Plaintiff Kirk K., filing the complaint on behalf of his late daughter, Kacie, has named the corporate owner of the truck as well as the driver as co-defendants.

Background of the Case

According to the complaint, the victim was riding in the back seat of a 1999 Chevrolet Blazer, driven by a companion on the morning of Dec. 14, 2016. At the time of the accident, the vehicle was allegedly traveling at approximately 30 miles per hour, westbound on Interstate 80 southeast of Laramie, Wyo.

Kirk alleges the co-defendant was driving a new Freightliner Conventional semi-tractor trailer combination, also heading westbound, in his capacity as an employee of Killpack Trucking, Inc. At the time the Blazer was rear ended by a commercial truck, the Freightliner was traveling at around 65 miles per hour, the lawsuit says.

The lawsuit states that defendant Jaysen T. had taken his eyes off the road for a moment in order to check his cell phone. During this distraction, his vehicle allegedly struck the slow-moving Blazer from behind, crushing the victim between the front and rear seats. It is believed that Kacie died at the scene as a result of the Blazer being rear ended by a commercial truck owned by defendant Killpack.

Rear Ended by a Commercial Vehicle – Why?

According to the accident report submitted by officers of the Wyoming Highway Patrol who arrived on the scene, the reason the Blazer was rear ended by a commercial truck was due to driver error, caused by “erratic/reckless/careless/aggressive” operation of the heavy vehicle. Kirk says that following the accident, the driver was arrested and taken to the Laramie County Sheriff’s Office, where he was booked on charges of vehicular homicide.

Kirk’s wrongful death lawsuit alleges that Jaysen was negligent in his failures to control the speed of his vehicle and pay full attention to road conditions and traffic conditions. This includes his use of a cell phone while operating a moving vehicle, which is illegal in most states – including Wyoming. Furthermore, the defendant’s actions were also allegedly in violation of the Federal Motor Carrier Safety Administration rule prohibiting commercial drivers from using hand-held cell phones while driving.

The Company’s Liability

In cases involving being rear ended by a commercial truck or any other accidents involving a company vehicle, the company itself may bear liability. Just as the captain of a marine vessel is responsible for the actions of his crew, so too is an employer responsible for workers under their supervision while performing their duties in said capacity.

Plaintiff Kirk K. seeks damages for loss of care, companionship and support, funeral expenses and all other damages allowed under Wyoming and federal law.

This Truck Accident Lawsuit is Case No. 1:18-cv-00211-NDF, U.S. District Court, District of Wyoming.